Spencer Fane attorney Lindsay Doman opined on the Small Business Reorganization Act (SBRA)’s new due diligence requirement in an article for Commercial Law World Magazine, a members-only publication from the Commercial Law League of America.
In the article, Navigating Preference Litigation in the Wake of the Small Business Reorganization Act, Lindsay was joined by Hannah S. Politte, Esq. in examining the impact of the Bankruptcy Code’s 2020 revisions as part of the magazine’s annual Bankruptcy Issue. In addition to outlining how the SBRA’s new due diligence requirement has altered preference litigation, Lindsay also provided considerations for trustees and debtors-in-possession who might need to navigate the change in their own cases.
Lindsay said, “While we await more guidance from the courts, a cautious approach, including detailed pleadings regarding the due diligence actions the trustee or debtor-in-possession undertook, is likely best.”
At Spencer Fane, Lindsay is a valued member of the firm’s Banking and Financial Services group. Her practice focuses on bankruptcy. She represents creditors, receivers, trustees, and others in bankruptcy, restructuring, and nonbankruptcy insolvency matters.